인터넷서비스 계약의 법적 본질 및 성질 (The legal identity and property of the internet service contract)

서지정보

· 발행기관 : 충남대학교 법학연구소
· 수록지 정보 : 법학연구 / 19권 / 1호 / 63 ~ 88페이지
· 저자명 : 김병일

초록

In a today, and our during everyday life, there was very the big change by the personal digital assistants of the cutting edge in the method of delivery of the expression of opinion. As to the method of the expression of opinion of each individual and means, it had the very efficient social structure.
A telephone was the most innovative method before 1,990 's. But as to a telephone, there is the benefit between the party. Because, the method of a telephone is due to be difficult that it secures an evidence in a post. Particularly, when the one-way party doesn't fulfill a debt, a verification is very difficult in case the other opponent claims the termination/cancel release or the compensation for damage of a contract that in a reason. Therefore, in case there is the suitable trust relationship, an application is restrictive in the besides.
But from the late 1990's the cable and Asymmetric Digital Subscriber Line replaced a telephone. Besides, a service such as VDSL and Fiber to the home service appeared and since 2000's the competition of speed of the high-speed internet was enhanced. The communication method called in our in society due to it and it drastically reversed into a mode including the cellular phone and high-speed internet, and etc. Therefore, all kinds of the matter of laws that it appears study in the cyber space like the internet network like the high-speed internet.
In this paper, it examined about the legal matter that it can be generated in the internet service contract relation between the individual,that is the internet service provider and opponent.
The first, and the internet service contract belong to the non-Typical contract of the pursuant to the Civil Code. Therefore, in various ways, the meaning of a contract, the legal identity, and the property and miscellaneous contract law problem were inquired. That is, there is the legal problem of is being generated in the general contract including the establishing, party, transition, termination and compensation for damage of the internet service contract, and etc. In this paper, we looked with the definition of the internet service contract, and a characteristic and legal property in the judicial point of view.
A second, today, the internet service belongs to the essential brilliant talent in our daily life. Because of that, many legal disputes are generated in connection with the internet service. Individuals institute the dissatisfaction many in the service quality. Therefore, the internet service contract , it is needed the method of fair commpetition and the preparation of the objective legal theory. That is, besides the regulation, the legal logic and methon of dispute solution, and etc. was needed for the legal configuration for the judicial solution of a dispute.
In the third, a past, a discussion was concentrated on the connection of the internet service around the internet access service contract of offer which is name. But, a problem including the information offering of ISP and abuse of the personal information, and etc. has to look into besides the connection of the internet service. Thus, in this paper, the meaning of the internet service contract was interpreted as the little more wide meaning and it tried to solve.
The fourth, and the legal identity of the internet service contract are apposite to see as the new service contract. But, actually, as to the method application, it has to resolve by the theory of mixed contract. Therefore, a review and the minute method application including the content about the internet service contract and effect, and etc. are needed in the future.
Finally, the internet service contract is the contract having an onerous contract ,a plea of the same time performance and risk bearing , and nature of the accesibility supply contrac. but, as to the internet service contract, there is nearly no filter paper which the case of the complete transition disable occurs. With respect to this, the principle of law of a risk, a solution by a special agreement, and the theory of a part nullification on the rental contract and the party were presented.

영어초록

In a today, and our during everyday life, there was very the big change by the personal digital assistants of the cutting edge in the method of delivery of the expression of opinion. As to the method of the expression of opinion of each individual and means, it had the very efficient social structure.
A telephone was the most innovative method before 1,990 's. But as to a telephone, there is the benefit between the party. Because, the method of a telephone is due to be difficult that it secures an evidence in a post. Particularly, when the one-way party doesn't fulfill a debt, a verification is very difficult in case the other opponent claims the termination/cancel release or the compensation for damage of a contract that in a reason. Therefore, in case there is the suitable trust relationship, an application is restrictive in the besides.
But from the late 1990's the cable and Asymmetric Digital Subscriber Line replaced a telephone. Besides, a service such as VDSL and Fiber to the home service appeared and since 2000's the competition of speed of the high-speed internet was enhanced. The communication method called in our in society due to it and it drastically reversed into a mode including the cellular phone and high-speed internet, and etc. Therefore, all kinds of the matter of laws that it appears study in the cyber space like the internet network like the high-speed internet.
In this paper, it examined about the legal matter that it can be generated in the internet service contract relation between the individual,that is the internet service provider and opponent.
The first, and the internet service contract belong to the non-Typical contract of the pursuant to the Civil Code. Therefore, in various ways, the meaning of a contract, the legal identity, and the property and miscellaneous contract law problem were inquired. That is, there is the legal problem of is being generated in the general contract including the establishing, party, transition, termination and compensation for damage of the internet service contract, and etc. In this paper, we looked with the definition of the internet service contract, and a characteristic and legal property in the judicial point of view.
A second, today, the internet service belongs to the essential brilliant talent in our daily life. Because of that, many legal disputes are generated in connection with the internet service. Individuals institute the dissatisfaction many in the service quality. Therefore, the internet service contract , it is needed the method of fair commpetition and the preparation of the objective legal theory. That is, besides the regulation, the legal logic and methon of dispute solution, and etc. was needed for the legal configuration for the judicial solution of a dispute.
In the third, a past, a discussion was concentrated on the connection of the internet service around the internet access service contract of offer which is name. But, a problem including the information offering of ISP and abuse of the personal information, and etc. has to look into besides the connection of the internet service. Thus, in this paper, the meaning of the internet service contract was interpreted as the little more wide meaning and it tried to solve.
The fourth, and the legal identity of the internet service contract are apposite to see as the new service contract. But, actually, as to the method application, it has to resolve by the theory of mixed contract. Therefore, a review and the minute method application including the content about the internet service contract and effect, and etc. are needed in the future.
Finally, the internet service contract is the contract having an onerous contract ,a plea of the same time performance and risk bearing , and nature of the accesibility supply contrac. but, as to the internet service contract, there is nearly no filter paper which the case of the complete transition disable occurs. With respect to this, the principle of law of a risk, a solution by a special agreement, and the theory of a part nullification on the rental contract and the party were presented.

참고자료

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